Ordinance No. 2,85600313 -11
ORDINANCE NO. 2856
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH HARRIS COUNTY WITH REGARD TO PRO-
VIDING FIRE FIGHTING AND FIRE PROTECTION SERVICES TO
UNINCORPORATED AREAS OF HARRIS COUNTY AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby approves the contract providing fire fighting and
fire protection services to unincorporated areas of Harris
County, and authorizes and directs the Mayor and City Clerk
of the City of Baytown to execute and attest to said contract.
A copy of said contract is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this 13th day of
March , 1980.
ETT 0. H TO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
3
V<
SCOTT BOUNDS, City Attorney
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E X H I B I T "A"
A G R E E M E N T
THE STATE OF TEXAS I
COUNTY OF HARRIS _1
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THIS AGREEMENT, made and entered into by and between HARRIS COUNTY,
a body corporate and politic under the laws of the State of Texas, hereinafter
sometimes called "County ", acting herein by and through its County Judge duly
authorized to so act by an Order of the Harris County Co:missioners Court, and
the City of BAYTOkN a municipal corporation duly
organized and existing under the laws of the State.of Texas, hereinafter some-
times called "City ", acting herein by and through its Mayor duly authorized to
so act by an Ordinance duly passed by the City.
WITNESSETH:
WHEREAS, Harris County desires to provide fire fighting and fire
protection services to certain unincorporated areas of Harris County as here-
inafter designated; and
IIHEREAS, the City of BAYTOWN
willing to furnish fire fighting and fire protection services to said unin-
is
corporated areas of'Harris County for the considerations hereinafter provided;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in considera-
tion of the mutual covenants, agreements and benefits,to both parties, it is
AGREED as follows:
I.
During the term of this agreement, the City agrees to furnish fire
fighting and fire protection services to the unincorporated areas adjoining
the corporate limits of this City designated by zone number 32 on the
official fire protection zone map of Harris County, to which reference As here
made.
II.
Harris County agrees to pay the sum of $7,708,75
to the City for fire fighting and fire protection services to the unincorporated
areas of Harris County pursuant to Paragraph I of this agreement. The County
agrees said sum is to be paid to the City within thrity (30) days after the
execution of this contract.
I
III.
The term of this agreement shall be one (1) year beginning January
1, 1980, and ending December 31, 1980
IMA
It is hereby agreed and understood that the fire fighting and fire
protection services to be furnished by the City under:this' agreement shall
include -but .not be limited to the .following: Answering .all-calls for help
and assistance in extinguishing fires in the area designated in Paragraph I
of this agreement; furnishing fire fighting personnel, equipment and supplies
to fight all fires within the said area; and answering all calls and furnishing
fire fighting personnel .,- equipment._and- supplies -to protect .:persons..and prop -.
erty within the said area, which are endangered by fires to adjacent areas;
provided, that the above described personnel, equipment and supplies are not
otherwise engaged in fire fighting within the City.
V.
The City shall observe and comply with all Federal, State, County
and City laws, rules, ordinances and regulations in any - manner affecting the
conduct of the services herein provided and performance of all obligations
undertaken by this agreement. ,
VI.
It is expressly understood that the County has the maximum sum of
$ 7.-7 pg.75 specifically allocated to fully discharge its obligation
under this agreement and it is expressly understood that in no event shall the
County be obligated to pay this City more that the said sum of
ender the terms and provisions of the agreement. -
VII.
It is further agreed that in the performance of all obligations
undertaken by this agreement, the City has the right to supervise, manage,
control and direct the performance of fire fighting and fire protection services;
the County shall look to the City for results only and the County shall have no
right at any time to direct or supervise the City or its agents or employees in
the performance of such services or as to the manner, means or method in which
the services are performed.
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VIII.
The City agrees to deliver to the Fire Marshal of Harris County,
a certified copy of the ordinance authorizing the City to enter into this
agreement within five (5) days after the execution of this agreement.
Ix.
The City agrees to furnish the Fire Marshal of Harris County, not
later that the fifth (5th) day of each month, a monthly report listing the
total number of runs made into the unincorporated areas of Harris County for
the previous month and such other information relating to fire fighting and
fire prevention services of the City as may be requested by Fire Marshal of
Harris County. Said report shall be made on the form provided by the Harris
County Fire Marshal and shall be signed and certified by an official of the
City.
ATTEST: CITY OF BAYTOW
SECRETAKY MA OR
HARRIS COUNTY
APPROVED AS TO FORM:
Assistant County Attorney
I hereby certify t
are available in the
$ to
obligation of Harris
under and within the
contract.
hat funds
amount of
pay the
County
foregoing
S. G. FULLERTON, County Auditor
Harris County, Texas
By
JON LINDSAY, County Judge
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